Americold Logistics Limited T/A Americold Logistics

[2024] FWCA 1636

[2024] FWCA 1636

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Americold Logistics Limited T/A Americold Logistics

(AG2024/1182)

AMERICOLD WESTERN AUSTRALIA – ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER TRAN	MELBOURNE, 3 MAY 2024

Application for approval of the Americold Western Australia – Enterprise Agreement 2023

1. Americold Logistics Limited T/A Americold Logistics has applied for approval of an enterprise agreement known as the Americold Western Australia – Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. The Agreement is a single enterprise agreement.

1. I note that Clause 2.6.2 is inconsistent with the National Employment Standards as it does not provide for notice in accordance with s 117 of the Act. Given the National Employment Standards precedence clause at Clause 1.3.5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

1. The Shop, Distributive and Allied Employees Association, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 May 2024.

1. In accordance with Clause 1.3.2, the nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

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<AE524500  PR774485>